f 


70th  Congress  )  SENATE 

1st  /Session  ) 


Report 
No.  603 


SENATORIAL  CAMPAIGN  EXPENDITURES 


March  22,  1928 — Ordered  to  be  printed 


Mr.  King,  from  the  Special  Committee  Investigating  Expenditures 
in  Senatorial  Primary  and  General  Elections,  submitted  the 
following 

SPECIAL  REPORT 

[Pursuant  to  S.  Res.  195,  227,  258  and  324  of  the  Sixty-ninth  Congress,  and  also 
S.  Res.  10  of  the  Seventieth  Congress,  first  session] 


On  the  17th  day  of  May,  1926,  the  Senate  of  the  United  States 
passed  the  following  resolution: 

Resolved,  That  a  special  committee  of  five,  consisting  of  three  members 
selected  from  the  majority  political  party,  of  whom  one  shall  be  a  progressive 
Republican,  and  of  two  members  from  the  minority  political  party,  shall  be 
forthwith  appointed  by  the  President  of  the  Senate;  and  said  committee  is 
hereby  authorized  and  instructed  immediatel3r  to  investigate  what  moneys, 
emoluments,  rewards,  or  things  of  value,  including  agreements  or  understand¬ 
ings  of  support  for  appointment  or  election  to  office  have  been  promised,  con¬ 
tributed,  made,  or  expended,  or  shall  hereafter  be  promised,  contributed,  ex¬ 
pended,  or  made  by  any  person,  firm,  corporation,  or  committee,  organization, 
or  association,  to  influence  the  nomination  of  any  person  as  a  candidate  of 
any  political  party  or  organization  for  membership  in  the  United  States  Senate, 
or  to  contribute  to  or  promote  the  election  of  any  person  as  a  member  of  the 
United  States  Senate  at  the  general  election  to  be  held  in  November,  1926. 
Said  committee  shall  report  the  names  of  the  persons,  firms,  or  corporations, 
or  committees,  organizations,  or  associations  that  have  made  or  shall  hereafter 
make  such  promises,  subscriptions,  advancements,  or  payments  and  the  amount 
by  them  severally  contributed  or  promised  as  aforesaid;  including  the  method 
of  expenditure  of  said  sums  or  the  method  of  performance  of  said  agreements,, 
together  with  all  facts  in  relation  thereto. 

Said  committee  is  hereby  empowered  to  sit  and  act  at  such  time  or  times 
and  at  such  place  or  places  as  it  may  deem  necessary;  to  require  by  subpoena 
or  otherwise  the  attendance  of  witnesses,  the  production  of  books,  papers,  and 
documents,  and  to  do  such  other  acts  as  may  be  necessary  in  the  matter  of 
said  investigation. 

The  chairman  of  the  committee  or  any  member  thereof  may  administer 
oaths  to  witnesses.  Every  person  who,  having  been  summoned  as  a  witness 
by  authority  of  said  committee,  willfully  makes  default,  or  who,  having  appeared, 
refuses  to  answer  any  question  pertinent  to  the  investigation  heretofore  author¬ 
ized,  shall  be  held  to  the  penalties  provided  by  section  102  of  the  Revised  Statutes 
of  the  United  States. 

Said  committee  shall  promptly  report  to  the  Senate  the  facts  by  it 
ascertained. 


2 


SENATORIAL  CAMPAIGN  EXPENDITURES 


Thereafter  the  following  committee  was  appointed  under  the 
above  resolution,  to  wit:  James  A.  Reed,  chairman;  Charles  L.  Mc- 
Nary,  Guy  D.  Goff,  William  H.  King,  Robert  M.  La  Follette,  jr. 

On  the  12th  day  of  December,  1927,  the  Senate  of  the  United 
States  agreed  to  the  following  resolution: 

Resolved}  That  a  resolution  of  the  United  States  Senate  agreed  to  on  May  19, 
1926,  numbered  Senate  Resolution  195  of  the  Sixty-ninth  Congress,  first  session, 
creating  a  special  committee  to  investigate  expenditures  in  senatorial  primary 
and  general  elections,  and  all  subsequent  resolutions  dealing  with  the  said 
special  committee  and  agreed  to  by  the  United  States  Senate  during  the  Sixty- 
ninth  Congress,  to  wit:  Senate  Resolution  227,  Senate  Resolution  258,  and 
Senate  Resolution  324,  have  continued  in  full  force  and  operation  since  the 
dates  of  their  respective  enactment  by  the  Senate,  and  do  now,  as  then,  express 
the  will  of  this  body. 

And  that  the  said  special  committee  appointed  pursuant  to  said  Senate  Reso¬ 
lution  195  of  the  Sixty-ninth  Congress,  first  session,  shall  continue  to  execute 
the  directions  of  the  said  several  resolutions  relating  to  the  said  committee  until 
the  Senate  accepts  or  rejects  the  final  report  of  the  said  special  committee  or 
otherwise  orders. 

Pursuant  to  said  resolutions  your  committee  within  the  limits  of 
its  authority  sought  to  make  the  investigation  called  for  therein  and 
accordingly  called  before  it  various  witnesses  who  were  examined 
touching  the  matters  and  questions  pertinent  to  said  investigation. 
Among  the  persons  appearing  before  your  committee  was  one  Thomas 
W.  Cunningham.  Mr.  Cunningham  who  was  clerk  of  the  court  of 
quarter  sessions  of  Philadelphia,  and  treasurer  of  the  State  Republican 
committee,  claims  to  have  contributed  $50,000  to  the  Vare  campaign 
fund.  A  subpoena  was  issued  for  his  appearance  early  in  June.  A 
diligent  search  failed  to  locate  him.  Finally,  Representative  Golder, 
of  the  fourth  district  of  Pennsylvania,  communicated  with  the  com¬ 
mittee,  stating  that  Cunningham  would  accept  service.  His  where¬ 
abouts  was  disclosed  and  he  was  served.  He  appeared  before  your 
committee  in  its  session  in  the  Federal  Building  in  the  city  of  Chicago 
on  July  29,  1926.  With  him  appeared  Representative  Benjamin  M. 
Golder,  who  stated  that  Mr.  Cunningham  had  requested  that  he  be 
permitted  to  attend  as  his  attorney.  Mr.  Cunningham,  both  for 
himself  and  through  his  attorney,  protested  the  jurisdiction  of  your 
committee  and  refused  to  answer  questions  put  to  him  and  denied 
the  committee  any  information  beyond  the  following  facts  of  his 
name,  residence,  and  occupation  as  clerk  of  the  quarter  sessions  court; 
that  he  contributed  $25,000  to  the  Vare  campaign  fund  through 
Thomas  F.  Watson  on  April  10,  1926,  and  $25,000  on  April  13. 

The  testimony  of  Mr.  Cunningham,  given  at  Chicago  on  the  29th 
day  of  July,  1926,  appears  in  Part  2  of  the  hearings  of  said  committe 
on  pages  1706  to  1715,  inclusive,  and  is  here  reproduced  in  full  and 
made  part  of  this  report. 

The  Chairman.  Will  Mr.  Cunningham  please  come  forward? 

(Mr.  Cunningham  and  Mr.  Benjamin  M.  Golder  came  to  the  committee 
table.) 

Mr.  Golder.  Mr.  Chairman,  my  name  is  Benjamin  M.  Golder.  I  am  an 
attorney  of  Philadelphia.  Mr.  Cunningham  requested  that  I  be  permitted  to 
attend  as  his  attorney. 

The  Chairman.  All  right,  sir. 


SENATORIAL  CAMPAIGN  EXPENDITURES 


3 


Testimony  of  Thomas  W.  Cunningham 

(The  witness  was  sworn  by  the  chairman.) 

The  Chairman.  Let  the  record  show  the  appearance  of  Mr.  Golder. 

Mr.  Golder.  Mr.  Chairman,  in  the  event  that  a  question  is  asked  which  I 
consider  one  which  Mr.  Cunningham  should  not  answer,  may  I  address  myself 
to  the  Chair  or  to  Mr.  Cunningham? 

The  Chairman.  It  would  be  entirely  proper  for  you  to  address  yourself  to 
the  Chair  and  state  your  objection,  the  same  as  you  would  to  a  court. 

What  is  your  full  name,  Mr.  Cunningham? 

Mr.  Cunningham.  Thomas  W.  Cunningham. 

The  Chairman.  Where  do  you  reside? 

Mr.  Cunningham.  2116  Cherry  Street,  Philadelphia. 

The  Chairman.  How  long  have  you  resided  in  Philadelphia? 

Mr.  Cunningham.  My  whole  life. 

The  Chairman.  What  is  your  occupation  or  business? 

Mr.  Cunningham.  Clerk  of  the  quarter  sessions  court. 

The  Chairman.  With  what  political  organization  were  you  connected  during 
the  recent  primary  in  Pennsylvania — the  last  primary? 

Mr.  Cunningham.  The  Republican  organization  of  Philadelphia  County. 

The  Chairman.  Who  was  the  chairman  of  that  organization? 

Mr.  Cunningham.  Thomas  F.  Watson. 

The  Chairman.  And  what  candidate  for  the  Senate  was  that  organization 
supporting? 

Mr.  Cunningham.  Congressman  Vare — W.  S.  Vare. 

The  Chairman.  Did  you  collect  any  money  for  use  in  that  campaign? 

Mr.  Cunningham.  I  did  not. 

The  Chairman.  Was  any  money  given  to  you  for  use  in  that  campaign? 

Mr.  Cunningham.  Not  one  cent. 

The  Chairman.  I  mean  to  include  in  money,  of  course — checks  or  drafts  or 
anything - 

Mr.  Cunningham.  No  check,  no  drafts,  or  anything. 

The  Chairman.  That  you  got  money  on? 

Mr.  Cunningham.  No,  sir. 

The  Chairman.  Did  you  handle  any  money  in  that  campaign? 

Mr.  Cunningham.  I  did  not. 

The  Chairman.  Did  you  deliver  any  money  to  any  person? 

Mr.  Cunningham.  I  did. 

The  Chairman.  That  is  handling  money,  Mr.  Cunningham. 

Mr.  Cunningham.  I  did  not  catch  your  way  of  saying  that. 

The  Chairman.  Very  well.  To  whom  did  you  give  any  money? 

Mr.  Cunningham.  I  handed  money  to  Thomas  F.  Watson,  $25,000,  on  the  10th 
dav  of  April,  1926. 

The  Chairman.  Where  did  you  get  that  money? 

Mr.  Cunningham.  I  got  that  money  out  of  my  own  private  funds. 

The  Chairman.  How  is  that? 

Mr.  Cunningham.  Out  of  my  own  private  funds. 

The  Chairman.  Your  own  private  moneys? 

Mr.  Cunningham.  Yes,  sir;  my  own  money;  my  own  money. 

The  Chairman.  How  long  had  it  been  your  own  money? 

Mr.  Golder.  Mr.  Chairman,  may  I  state  an  objection  at  this  time? 

The  Chairman.  You  may. 

Mr.  Golder.  I  have  advised  Mr.  Cunningham  that,  in  my  judgment,  this 
committee  has  no  jurisdiction  to  inquire  into  the  primary  election  held  in  Penn¬ 
sylvania;  that  it  is  only  a  local  matter  for  the  Commonwealth  of  Pennsylvania; 
and  that  in  my  professional  judgment  he  can  answer  those  questions  which  he 
sees  fit  dealing  with  the  primary  election,  and  that  he  may  refuse  to  answer 
those  questions  wnich  he  considers  his  own  personal  business.  I  have  further 
advised  Mr.  Cunningham  that  he  need  not  disclose  to  this  committee  from  what 
part  of  his  personal  estate,  or  personal  fortune,  he  paid  the  money  to  Mr.  Watson 
that  he  did  pay  during  this  last  campaign  in  Pennsylvania. 

I  thought  I  would  state  that  as  a  matter  of  record  so  that  I  would  not  have  to 
object  each  time  a  question  was  asked. 

The  Chairman.  What  was  my  last  question? 

(The  question  was  read  by  the  reporter  as  follows:) 


4 


SENATORIAL  CAMPAIGN  EXPENDITURES 


“The  Chairman.  How  long  had  it  been  your  own  money?” 

Mr.  Cunningham.  I  refuse  to  answer  that  question,  Senator,  as  a  personal 
question.  It  is  my  own  private  business. 

The  Chairman.  Where  did  you  get  this  $25,000  you  say  you  gave  to  Mr. 
Watson? 

Mr.  Cunningham.  I  refuse  to  answer  that  question.  I  think  that  is  personal. 

The  Chairman.  Where  were  you  keeping  this  $25,000  before  you  gave  it  to 
Mr.  Watson? 

Mr.  Cunningham.  That  is  another  personal  question,  Senator.  I  refuse  to 
answer  it. 

The  Chairman.  Did  you  give  this  money  to  Mr.  Watson  in  cash  or  by  check? 

Mr.  Cunningham.  I  gave  it  to  him  as  cash. 

The  Chairman.  Where  were  you  when  you  gave  it  to  him? 

Mr.  Cunningham.  I  took  it  down  to  his  headquarters  at  the  Walton  Hotel 
on  the  10th  day  of  April. 

The  Chairman.  Did  you  have  it  in  your  pocket  when  you  gave  it  to  him — 
before  you  gave  it  to  him? 

Mr.  Cunningham.  Yes,  sir. 

The  Chairman.  Where  did  you  get  it  from  to  put  in  your  pocket? 

Mr.  Cunningham.  That  is  a  personal  question,  and  I  decline  to  answer  it. 

The  Chairman.  How  long  had  you  had  this  money  in  your  possession? 

Mr.  Cunningham.  That  is  another  personal  question,  and  I  decline  to  answer 
it.  It  was  my  own  money,  and  I  do  not  think  I  should  tell  the  public,  where  I 
kept  it  and  how  I  got,  or  anything  else  about  it. 

The  Chairman.  How  long  have  you  been  clerk  of  the  quarter  sessions  court? 

Mr.  Cunningham.  Twenty-one  years  the  1st  of  January,  1926. 

The  Chairman.  What  is  the  salary  of  that  position? 

Mr.  Cunningham.  $8,000  a  year. 

The  Chairman.  Was  this  money  which  you  refer  to  as  the  $25,000  that  you 
gave  to  Watson  savings  from  your  salary? 

Mr.  Cunningham.  That  is  another  personal  question.  I  can  not  answer  that. 

The  Chairman.  Unfortunately,  a  good  many  questions  are  personal. 

Mr.  Cunningham.  Yes.  I  think  a  man’s  own  money  is  one  of  his  own  per¬ 
sonal  privileges,  and  he  is  not  supposed  to  tell  how  he  got  it  or  how  he  saved  it. 
I  think  that  is  a  rather  unfair  question  to  ask  me,  how  I  got  the  money,  how  I 
saved  it,  and  what  I  done  with  it. 

The  Chairman.  I  dare  say.  Is  there  anything  wrong  or  wicked  or  crooked 
about  the  way  you  got  this  money,  so  that  it  will  embarrass  you  to  answer  the 
question  or  will  subject  you  to  criminal  prosecution? 

Mr.  Golder.  I  think  that  is  an  unfair  question,  Senator,  and  I  advise  Mr. 
Cunningham  to  disregard  it. 

The  Chairman.  If  you  were  to  answer  the  questions  I  have  asked  you  with 
regard  to  the  sources  from  which  and  the  way  in  which  this  money  came  to  you 
would  it  tend  to  subject  you  to  criminal  prosecution  or  public  contempt  or 
obloquy? 

Mr.  Golder.  Senator  Reed,  I  think  that  question  is  objectionable  in  form  and 
the  way  in  which  it  is  put,  and  I  advise  Mr.  Cunningham  not  to  consider  it,  or 
not  to  answer  it. 

The  Chairman.  Do  you  refuse  to  answer,  Mr.  Cunningham? 

-Mr.  Cunningham.  Yes';  I  refuse  to  answer. 

Mr.  Golder.  You  see,  Senator,  when  you  ask  a  question  which  you  know 
that  I  have  advised  Mr.  Cunningham  not  to  answer,  and  put  it  in  such  a  way  as 
you  have,  it  necessarily  implies  something  which  is  unsavory,  and  I  think  it  is 
an  unfair  way  for  you  to  treat  a  witness. 

The  Chairman.  Well,  now,  we  have  permitted  you  to  sit  here  as  an  act  of 
courtesy,  but  we  will  not  permit  any  criticism  of  the  committee  from  you. 

Mr.  Golder.  Senator  Reed,  you  have  permitted  Mr.  Cunningham  to  have  his 
attorney  here,  and  I  assume  you  "will  not  compel  me  to  advise  Mr.  Cunningham 
except  as  I  think  best. 

The  Chairman.  You  will  maintain  a  respectful  and  decent  attitude  or  you 
will  not  sit  at  this  table  very  long  as  anybody’s  attorney. 

Mr.  Golder.  Senator  Reed,  I  have  the  utmost  respect  for  the  committee  and 
for  its  membership. 

The  Chairman.  You  may  make  your  objections  and  make  them  in  a  proper 
way. 

Mr.  Cunningham,  is  there  any  other  reason  than  the  one  you  have  given,  or 
are  there  any  other  reasons  than  those  you  have  given,  why  you  refuse  to  answer 


SENATORIAL  CAMPAIGN  EXPENDITURES  5 

the  questions  that  have  been  put  to  you  touching  the  sources  from  which  the 
$25,000  came?  Have  you  any  other  reasons  than  those  you  have  given? 

Mr.  Cunningham.  That  is  all,  Senator;  just  personal  reasons. 

The  Chairman.  Very  well;  that  is  all  I  want  to  cover. 

Mr.  Cunningham.  All  right,  sir. 

The  Chairman.  Where  were  you  when  the  subpoena  was  issued  for  you  from 
this  committee,  while  it  was  having  its  sessions  in  Washington? 

Mr.  Cunningham.  I  went  on  a  vacation  on  the  19th  day  of  June  and  did  not 
get  back  until  the  8th  day  of  July. 

The  Chairman.  Where  were  you  during  that  interval? 

Mr.  Cunningham.  I  was  on  an  automobile  tour  up  through  the  southern  coast 
of  New  Jersey. 

The  Chairman.  What  places  did  you  visit? 

Mr.  Cunningham.  I  think  that  is  a  private,  personal  question,  Senator.  I 
would  not  answer  it. 

The  Chairman.  Where  did  you  stay  nights? 

Mr.  Cunningham.  I  think  that  is  another  private  question,  as  I  have  said. 
What  material  difference  does  it  make?  I  am  not  in  the  habit  of  having  to  tell 
where  I  went  and  what  I  did;  never  have  in  my  life,  Senator. 

The  Chairman.  You  knew  that  a  subpoena  had  been  issued  for  you,  did  you 
not? 

Mr.  Cunningham.  The  last  three  or  four  days  I  got  in  touch  with  the  papers, 
and  I  found  out  that  there  were  subpoenas,  according  to  the  newspapers,  and  I 
came  back  to  Philadelphia  on  the  8th  day  of  July. 

The  Chairman.  Did  you  give  any  other  money  than  the  $25,000  to  anybody 
during  this  campaign? 

Mr.  Cunningham.  Yes;  on  the  13th  of  April  I  gave  Mr.  Watson  $25,000 
more. 

The  Chairman.  So  that  you  gave  Mr.  Watson  a  total  of  $50,000? 

Mr.  Cunningham.  $50,000;  of  my  own  money. 

The  Chairman.  Where  did  you  get  the  second  $25,000  from? 

Mr.  Cunningham.  I  refuse  to  answer  that  question,  Senator. 

The  Chairman.  You  refuse  to  tell  the  committee  anything  about  where  you 
received  this  money  from? 

Mr.  Cunningham.  Yes;  I  do. 

The  Chairman.  The  sources  from  which  the  money  was  received? 

Mr.  Cunningham.  Yes. 

The  Chairman.  How  long  had  the  money  been  in  your  possession?  You 
refuse  to  tell  that  to  the  committee? 

Mr.  Cunningham.  I  certainly  do,  because  I  think  that  is  a  personal,  private 
question. 

The  Chairman.  How  long  had  you  been  saving  up  or  accumulating  this 
$50,000? 

Mr.  Cunningham.  I  do  not  like  to  object  to  your  questions,  Senator,  because 
I  think  a  man’s  own  money — why,  I  don’t  want  to  make  it  public  to  the  press,  to 
the  newspapers  in  Philadelphia,  about  my  private  affairs,  how  I  got  this  money 
or  how  I  saved  it. 

The  Chairman.  Have  you  inherited  any  considerable  sums  of  money? 

Mr.  Cunningham.  Never  inherited  a  dollar  in  my  life. 

The  Chairman.  Have  you  been  speculating  in  stocks  or  bonds  or  upon  the 
board,  so  that  you  accumulated  the  money  in  that  way? 

Mr.  Golder.  I  object  to  that  question  and  advise  Mr.  Cunningham  that  he 
need  not  answer. 

The  Chairman.  What  does  the  witness  say? 

Mr.  Cunningham.  I  refuse  to  answer. 

The  Chairman.  Have  you  turned  in  on  your  tax  returns  any  $50,000  for  taxa¬ 
tion  purposes? 

Mr.  Golder.  I  object  to  that  question,  Senator,  and  advise  the  witness  that 
he  need  not  answer. 

Mr.  Cunningham.  I  refuse  to  answer. 

The  Chairman.  Have  you  paid  to  the  State  of  Pennsylvania,  the  county  in 
which  you  live,  or  the  city  in  which  you  live,  any  taxes  upon  this  $50,000? 

Mr.  Golder.  I  object  "to  that  question,  Senator,  and  advise  the  witness  that 
he  need  not  answer.  As  a  matter  of  fact,  there  is  no  taxation  in  Pennsylvania 
on  any  such  amount. 

Mr.  Cunningham.  I  refuse  to  answer,  Senator. 


6 


SENATORIAL  CAMPAIGN  EXPENDITURES 


The  Chairman.  Have  you  returned  to  the  Federal  Government  this  $50,000 
in  any  form? 

Mr.  Golder.  I  object  to  that  question,  Senator,  and  advise  the  witness  he 
need  not  answer. 

Mr.  Cunningham.  I  refuse  to  answer. 

The  Chairman.  Did  you  collect  any  money  from  persons  employed  either 
by  the  city  of  Philadelphia  or  by  the  State  of  Pennsylvania? 

Mr.  Cunningham.  Not  one  dollar. 

The  Chairman.  Were  any  moneys  paid  to  you  by  any  of  these  persons  IJhave 
just  referred  to? 

Mr.  Cunningham.  No,  sir. 

The  Chairman.  Do  you  know  of  any  collection  of  money  from  State  employees 
for  political  purposes? 

Mr.  Cunningham.  I  do  not,  Senator. 

The  Chairman.  Do  you  know  of  any  contributions  by  the  employees  of  the 
city  to  the  Vare  campaign? 

Mr.  Cunningham.  I  will  tell  you  for  information  that  in  the  primary  election 
there  is  never  any  assessment  of  any  kind.  In  primary  elections  we  never  heard 
tell  of  any  donations  from  employees. 

The  Chairman.  In  the  primaries? 

Mr.  Cunningham.  In  the  primary  elections. 

The  Chairman.  Do  you  know  Martin  Powers? 

Mr.  Cunningham.  Yes,  sir. 

The  Chairman.  Did  you  spend  any  of  this  vacation  at  his  home  in  NewJersey? 

Mr.  Cunningham.  How  is  that? 

The  Chairman.  Did  you  spend  any  part  of  your  vacation  in  company  with 
Mr.  Martin  Powers? 

Mr.  Golder.  Mr.  Chairman,  I  object  to  that  question.  The  witness  has 
already  testified  that  he  declines  to  state  where  and  with  whom  he  spent  his 
vacation. 

The  Chairman.  I  did  not  ask  him  with  whom  he  spent  it  until  just  now. 

Mr.  Golder.  I  advise  the  witness  that  he  need  not  answer  that  question. 

Mr.  Cunningham.  I  refuse  to  answer  the  question,  Senator. 

The  Chairman.  Did  you  leave  the  city  of  Philadelphia  with  Mr.  Powers? 

Mr.  Golder.  I  advise  the  witness  that  he  need  not  answer  that  question. 
Senator. 

Mr.  Cunningham.  I  did  not. 

The  Chairman.  Did  you  leave  the  city  of  Philadelphia  in  an  automobile? 

Mr.  Golder.  I  advise  the  witness  that  he  need  not  answer  that  question. 
Senator,  it  being  entirely  immaterial  and  a  personal  matter. 

Mr.  Cunningham.  I  refuse  to  answer. 

The  Chairman.  Whose  car  did  you  leave  in? 

Mr.  Golder.  I  advise  the  witness  that  he  need  not  answer  that  question. 

Mr.  Cunningham.  I  refuse  to  answer,  Senator. 

The  Chairman.  You  say  you  know  Mr.  Powers.  What  is  his  business? 

Mr.  Cunningham.  I  have  known  Mr.  Powers  from  boyhood.  He  is  a  mem¬ 
ber  of  the  bar,  an  attorney  at  law. 

The  Chairman.  Is  he  connected  with  a  trust  company  in  Philadelphia? 

Mr.  Cunningham.  I  do  not  know. 

-The  Chairman.  Did  Mr.  Powers  formerly  have  a  partner  who  is  now  presi¬ 
dent  of  a  trust  company? 

Mr.  Golder.  I  advise  the  witness  that  he  need  not  answer  that  question. 

The  Chairman.  Oh,  well,  now,  that  is  getting  to  be  sheer  insolence,  to  advise 
a  witness  not  to  answer  a  question  of  that  kind.  It  could  not  possibly  harm  this 
witness. 

Mr.  Golder.  Perhaps  not,  Senator;  but  it  might  lead  to  other  things.  I 
think  we  ought  to  draw  the  line  of  advising  the  witness  what  he  may  answer  and 
what  he  should  not  answer. 

Mr.  Cunningham.  I  do  not  know  anything  at  all  about  that,  Senator. 

The  Chairman.  If  you  came  here  to  tell  this  witness  that  he  should  not  answer 
any  question,  whether  it  is  pertinent  or  not,  you  are  abusing  the  courtesy  of  the 
committee  extended  to  you,  whether  it  is  a  thing  that  could  possibly  affect  his 
own  honor  or  his  own  private  business. 

Mr.  Golder.  Senator,  I  do  not  agree  wuth  you;  and  I  am  sorry  to  disagree 
with  you. 

The  Chairman.  Well,  I  am  sorry  you  do. 

Mr.  Golder.  But  I  must  use  my  own  judgment. 


SENATORIAL  CAMPAIGN  EXPENDITURES  7 

The  Chairman.  You  may  use  it  as  long  as  we  permit  you  to  sit  here;  but  if 
you  abuse  the  privilege,  you  will  not  sit  here. 

Mr.  Golder.  I  do  not  intend  to  abuse  it,  Senator. 

The  Chairman.  Well,  you  are  abusing  it.  Did  Powers  formerly  have  a  partner 
whose  name  began  with  “Mac”? 

Mr.  Cunningham.  I  do  not  know  the  first  thing  about  it,  Senator.  I  do  not 
know  anything  at  all  about  Powers’s  private  business  whatever. 

The  Chairman.  Did  you  have  in  your  possession,  of  your  own  money,  30 
davs  before  you  say  you  gave  this  money  to  Watson,  as  much  as  $1,000? 

Mr.  Cunningham.  As  much  as  $1,000? 

The  Chairman.  Yes. 

Mr.  Cunningham.  Oh,  yes,  sir. 

The  Chairman.  What  bank  do  you  bank  in? 

Mr.  Golder.  Mr.  Chairman,  I  object  to  that  question,  and  advise  the  witness 
that  he  need  not  answer. 

The  Chairman.  What  is  the  answer  of  the  witness? 

Mr.  Cunningham.  I  refuse  to  answer. 

The  Chairman.  Have  you  ever  had  a  bank  account  anywhere? 

Mr.  Cunningham.  Sure. 

The  Chairman.  Where? 

Mr.  Cunningham.  I  have  a  bank  account  for  my  office. 

The  Chairman.  A  bank  account  in  your  office? 

Mr.  Cunningham.  I  say  I  have  to  run  my  office,  and  therefore  I  have  to  use 
a  bank  account  for  the  proceeds  of  my  office. 

The  Chairman.  Is  that  your  personal  account? 

Mr.  Cunningham.  One  of  them  is;  yes. 

The  Chairman.  What  bank  is  it  in? 

Mr.  Golder.  Senator,  I  object  to  that  question  and  advise  the  witness  he  need 
not  answer  where  he  deposits  his  money,  it  being  entirely  a  private  matter. 

Mr.  Cunningham.  I  refuse  to  answer. 

The  Chairman.  I  do  not  intend  to  get  into  an  argument  with  you,  Mr.  Golder. 
You  know  perfectly  well  that  when  a  man  states  that  he  had  $50,000,  and  it  was 
his  own  money,  and  assuming,  now,  that  this  committee  has  any  jurisdiction — 
which  I  understand  you  challenge,  and  which  you  have  a  right  to  challenge — we 
have  the  right  to  test  the  reasonableness  of  that  story.  We  are  not  concluded 
by  the  bald  statement  that  it  was  the  witness’s  own  money;  and  so  we  have  the 
right  to  know,  assuming  that  we  have  any  right  at  all  to  conduct  this  investiga¬ 
tion,  the  source  from  which  this  money  came,  in  order  that  we  may  ascertain 
whether,  as  a  matter  of  fact,  the  witness  did  have  it.  So,  with  that  explanation, 
I  am  asking  the  witness  where  he  kept  his  bank  account? 

Mr.  Golder.  Senator,  may  I  be  permitted  to  state  our  position? 

The  Chairman.  You  have  stated  it,  I  think. 

Mr.  Golder.  May  I  repeat  it,  then,  in  answer  to  what  you  have  just  said? 

My  position  is  that  this  committee  had  no  right,  in  the  first  place,  to  inquire 
whether  this  witness  contributed  anything  to  the  Pennsylvania  primary.  If  the 
witness  saw  fit  to  state  that  he  did,  that  does  not  waive  any  right  that  he  may 
have  to  refuse  to  answer  any  other  question  connected  or  disconnected  with  the 
$50,000.  I  do  not  think  this  committee  had  any  right  to  inquire  into  the  $50,000 
initially. 

The  Chairman.  And  of  course,  you  think  that  your  opinion  is  the  final  word 
as  to  the  law?  1 

Mr.  Golder.  It  will  be  with  Mr.  Cunningham,  at  least,  at  this  time. 

The  Chairman.  We  will  ascertain  whether  that  is  true  or  not  a  little  later. 
How  long  have  you  known  Congressman  Vare? 

Mr.  Cunningham.  Ever  since  I  have  been  a  boy — 35  or  40  years,  I  guess. 

The  Chairman.  Were  you  in  any  way  connected  with  his  campaign  commit¬ 
tee,  the  committee  which  was  conducting  his  campaign  in  the  last  primary? 

Mr.  Cunningham.  Only  in  one  way;  I  was  for  him  after  he  concluded  to  be  a 
candidate  for  United  States  Senator. 

The  Chairman.  Did  you  ever  talk  with  him? 

Mr.  Cunningham.  I  talked  with  him  on  several  occasions  about  it. 

The  Chairman.  With  him  during  the  campaign? 

Mr.  Cunningham.  No,  sir.  This  was  prior  to  the  campaign,  before  he  came 
out  as  a  candidate. 

The  Chairman.  Did  you  urge  him  to  come  out? 

Mr.  Cunningham.  No;  I  rather  urged  the  other  way,  Senator. 

The  Chairman.  When  he  did  come  out,  you  became  one  of  his  supporters? 


8 


SENATORIAL  CAMPAIGN  EXPENDITURES 


Mr.  Cunningham.  Because  our  organization,  as  a  rule — if  the  majority  make 
up  their  mind  to  be  for  a  candidate — the  majority  made  up  their  minds  for 
William  S.  Vare,  and  I  went  along  with  the  majority. 

The  Chairman.  When  you  speak  of  “our  organization/'  what  organization  do 
you  mean? 

Mr.  Cunningham.  The  Republican  city  committee  of  Philadelphia.  We  have 
48  wards;  48  members  of  that  committee. 

The  Chairman.  Are  you  a  member? 

Mr.  Cunningham.  A  member  of  that  committee;  yes,  sir. 

The  Chairman.  For  which  ward? 

Mr.  Cunningham.  The  tenth  ward. 

The  Chairman.  During  the  campaign,  then,  after  the  organization  resolved  to 
support  Vare,  you  gave  him  your  loyal  support? 

Mr.  Cunningham.  Yes,  sir. 

The  Chairman.  Who  asked  you  to  make  this  contribution  of  $50,000? 

Mr.  Cunningham.  Nobody  asked  me,  Senator.  I  will  tell  you  the  reason 
why  I  made  this  contribution. 

I  was  a  Penrose  man  to  the  day  he  died,  in  Philadelphia.  Eddie  Beidleman 
and  Harry  Baker  have  been  the  same  as  my  two  sons,  and  were  very  close 
friends  of  Penrose’s  to  the  day  of  his  death.  Beidleman’s  ambition  was  to  be 
governor.  I  was  for  Beidleman  four  years  ago.  George  Alder  was  picked,  and 
he  had  to  step  aside.  This  time  I  thought  that  he  would  make  the  best  gov¬ 
ernor  Pennsylvania  ever  had.  I  thought  he  was  the  most  practical  man  in  the 
State  of  Pennsylvania,  a  man  who  was  a  member  of  the  legislature,  State  senator 
for  four  years,  lieutenant  governor  four  years,  and  a  real  man,  and  I  thought 
he  would  make  the  best  governor  Pennsylvania  ever  had,  and  I  was  very  fond  of 
him.  Now,  that  was  my  whole  interest. 

The  Chairman.  Had  you  ever  made  any  such  contribution  as  this  before  out 
of  your  own  money? 

Mr.  Cunningham.  Never  before  in  my  life.  I  had  made  small  contributions, 
a  hundred  or  five  hundred  dollars  at  different  times,  to  help  some  poor  fellow 
running  for  council. 

The  Chairman.  Are  you  a  man  of  considerable  means,  Mr.  Cunningham? 

Mr.  Cunningham.  Well,  pretty  fairly  at  the  present  time. 

The  Chairman.  Did  you  draw  this  money  out  of  any  bank? 

Mr.  Cunningham.  No,  sir. 

The  Chairman.  How  long  had  you  had  it  in  your  pocket? 

Mr.  Golder.  Mr.  Senator,  I  think  we  have  had  that  question  up  before,  and 
I  advised  him  not  to  answer. 

Mr.  Cunningham.  I  think  I  answered  that  before. 

The  Chairman.  I  thought  you  might  change  your  mind. 

Mr.  Cunningham.  No.  You  are  so  nice  about  it,  anybody  would  change  their 
mind  if  he  felt  inclined  to  change  it,  Senator. 

The  Chairman.  I  desire  to  be  nice  to  everybody. 

Mr.  Cunningham.  I  know  it;  I  have  seen  that  since  I  have  been  here,  the 
last  four  days. 

The  Chairman.  You  are  the  only  man  who  has  come  here  who  has  been  unwill¬ 
ing  to  tell  where  he  got  his  money. 

Mr.  Cunningham.  Well,  Senator,  I  am  an  American  citizen.  I  was  born  in 
the  greatest  American  city  to-day  in  the  United  States,  Philadelphia,  and  I  have 
never  been  used  to  telling  people  where  I  went  or  what  I  done  or  how  I  made  my 
money,  and  I  am  too  old  now  to  change  my  thought  of  mind. 

The  Chairman.  You  just  formed  the  habit  of  independence? 

Mr.  Cunningham.  I  formed  that  habit  through  my  late  friend,  Senator  Penrose. 
I  guess  I  learned  that  trick  from  him — saving  money  and  putting  it  away  and 
keeping  it  under  cover.  I  have  been  with  him,  and  I  was  his  friend  to  the  day  he 
died. 

The  Chairman.  You  say  you  learned  this  habit  of  putting  it  away  from 
Penrose? 

Mr.  Cunningham.  Yes,  sir.  He  was  a  past  master  in  not  letting  his  right 
hand  know  what  his  left  hand  done,  and  he  dealt  absolutely  in  cash.  The  “long 
green”  was  the  issue. 

The  Chairman.  Is  there  any  danger  involved  in  your  right  hand  knowing 
what  your  left  hand  does? 

Mr.  Cunningham.  Well,  I  never  let  it  be  known. 

The  Chairman.  You  do  not  even  want  to  know,  yourself? 

Mr.  Cunningham.  Sometimes  I  really  do  not. 

The  Chairman.  And  that  is  one  of  the  attributes  of  independence  in  Pennsyl 
vania,  is  it? 


SENATORIAL  CAMPAIGN  EXPENDITURES 


9 


Mr.  Cunningham.  Yes,  sir. 

The  Chairman.  That  your  right  hand  shall  not  know  what  your  left  hand 
does? 

Mr.  Cunningham.  Yes,  sir.  If  a  great  many  people  would  do  that,  there 
would  not  be  so  much  trouble  in  Chicago  and  other  big  cities. 

The  Chairman.  That  is,  you  mean  by  that,  I  think,  Mr.  Cunningham,  that 
if  you  do  a  thing  secretly  enough,  so  that  nobody  ever  finds  out  about  it,  you 
never  have  any  trouble  about  it? 

Mr.  Cunningham.  So  long  as  you  do  it  honestly  it  is  all  right,  Senator. 

The  Chairman.  And  if  you  are  doing  it  honestly,  all  the  more  reason  for 
secrecy,  I  presume? 

Mr.  Golder.  Senator,  are  you  not  really  arguing  with  the  witness? 

The  Chairman.  I  am  trjung  to  get  the  witness’s  mental  slant  on  this.  Mr. 
Cunningham,  I  want  to  be  perfectly  frank  with  you.  It  will  be  the  duty  of  the 
committee  to  report  you  to  the  United  States  Senate  for  contempt.  That  is 
not  a  threat;  we  are  not  making  threats.  That  is  the  fact.  Then,  of  course,  it 
will  have  to  be  determined  whether  you  have  to  answer  these  questions.  What 
the  result  may  be  will  have  to  be  determined  by  the  Senate  and  possibly  by  the 
courts.  I  think  it  is  only  fair  to  make  that  statement  to  you,  and  having  made 
it,  I  ask  you  if  you  adhere  to  the  position  you  have  taken  in  your  various  refusals 
to  answer. 

Mr.  Golder.  Senator,  your  voice  dropped  near  the  end;  I  do  not  think  Mr. 
Cunningham  heard  all  that  you  said. 

The  Chairman.  The  stenographer  will  read  my  statement. 

(The  reporter  read  as  follows:) 

“  Mr.  Cunningham,  I  want  to  be  perfectly  frank  with  you.  It  will  be  the 
duty  of  the  committee  to  report  you  to  the  United  States  Senate  for  contempt. 
That  is  not  a  threat;  we  are  not  making  threats.  That  is  the  fact.  Then,  of 
course,  it  will  have  to  be  determined  whether  you  have  to  answer  these  questions. 
What  the  result  may  be  will  have  to  be  determined  by  the  Senate  and  possibly 
by  the  courts.  I  think  it  is  only  fair  to  make  that  statement  to  you,  and  having 
made  it,  I  ask  you  if  you  adhere  to  the  position  you  have  taken  in  your  various 
refusals  to  answer?” 

Mr.  Cunningham.  I  do,  Senator. 

The  Chairman.  Very  well;  that  is  all,  sir. 

5(c  *  Ms  *  * 

That  thereafter  (to  wit,  on  Monday,  February  21,  1927)  your 
committee  met  in  Washington  and  continued  its  hearings.  That 
said  Thomas  W.  Cunningham  was  recalled  to  testify  before  your 
committee  and  appeared  in  person  and  with  his  attorney,  Mr. 
Benjamin  W.  Golder,  when  the  following  proceedings  were  had  as 
shown  in  Part  6  of  the  hearings  before  the  committee,  pages  3390, 
3391,  3392,  and  3393: 

Testimony  of  Thomas  W.  Cunningham — Resumed 

Mr.  Golder.  I  represent  Mr.  Cunningham,  and  he  has  asked  me  to  sit  with 
him  and  advise  him. 

The  Chairman.  You  will  be  permitted  to  sit  here,  in  the  capacity  of  an  attor¬ 
ney,  but  the  committee  will  conduct  the  examination. 

(The  witness  was  sworn  by  the  chairman.) 

Mr.  Golder.  Mr.  Chairman,  if  any  questions  are  asked  which  I  consider 
Mr.  Cunningham  should  not  answer,  should  I  address  myself  to  the  Chair? 

The  Chairman.  Yes.  Your  full  name  is? 

Mr.  Cunningham.  Thomas  W.  Cunningham. 

The  Chairman.  You  are  the  same  Thomas  W.  Cunningham  who  appeared 
before  this  committee? 

Mr.  Cunningham.  I  am. 

The  Chairman.  And  gave  certain  testimony,  and  refused  to  answer  certain 
questions  at  the  previous  hearing? 

Mr.  Cunningham.  Yes,  sir. 

The  Chairman.  Mr.  Cunningham,  the  committee  has  called  you  before  it 
the  second  time  in  order  to  permit  you  an  opportunity  to  answer  the  questions 
you  declined  to  answer  before,  and  afford  you  the  opportunity  to  answer  such 
other  questions  as  may  be  put  to  you. 

Mr.  Cunningham,  on  your  previous  examination  you  stated  [reading]: 

“  I  handed  money  to  Thomas  F.  Watson  $25,000  on  the  10th  day  of  April,  1926.” 


10 


SENATORIAL  CAMPAIGN  EXPENDITURES 


Then  this  follows,  as  shown  by  the  record  of  the  proceedings  [reading]. 

“The  Chairman.  Where  did  you  get  that  money? 

“Mr.  Cunningham.  I  got  that  money  out  of  my  own  private  funds. 

“The  Chairman.  How  is  that? 

“  Mr.  Cunningham.  Out  of  my  own  private  funds. 

“The  Chairman.  Your  own  private  moneys? 

“Mr.  Cunningham.  Yes,  sir;  my  own  money;  my  own  money. 

“The  Chairman.  How  long  had  it  been  your  own  money?” 

Mr.  Golder  at  that  time  stated  an  objection,  which  appears  in  the  record. 
The  question  was  repeated,  as  follows  [reading]: 

“The  Chairman.  How  long  had  it  been  your  own  money? 

“Mr.  Cunningham.  I  refuse  to  answer  that  question,  Senator,  as  a  personal 
question.  It  is  my  own  private  business.’ ’ 

I  now  ask  you  that  same  question  again,  Mr.  Cunningham. 

Mr.  Cunningham.  Same  answer. 

The  Chairman.  On  behalf  of  the  committee,  I  instruct  you  to  answer  the 
question. 

Mr.  Cunningham.  I  refuse  to  answer,  Senator. 

The  Chairman.  Very  well.  The  next  question  which  was  asked  you  was  as 
follows  [continuing  reading] : 

“The  Chairman.  Where  did  you  get  this  $25,000  you  say  you  gave  to  Mr. 
Watson? 

“Mr.  Cunningham.  I  refuse  to  answer  that  question.  I  think  that  is  per¬ 
sonal.” 

I  now  ask  you,  on  behalf  of  the  committee,  the  same  question,  and  await  your 
answer. 

Mr.  Cunningham.  I  refuse  to  answer. 

The  Chairman.  On  behalf  of  the  committee,  I  instruct  you  to  answer. 

Mr.  Golder.  Mr.  Chairman,  may  I - 

The  Chairman.  No;  you  may  not.  This  man  is  getting  along  all  right. 

Mr.  Cunningham.  I  refuse  to  answer,  Senator. 

The  Chairman.  Now,  you  may  make  any  suggestion  you  want  to. 

Mr.  Golder.  Too  late  now,  Senator. 

The  Chairm  an.  I  do  not  intend  that  you  shall  suggest  the  answers  to  a  witness 
while  I  am  examining  him.  You  may  make  any  objection  you  want  to. 

Mr.  Golder.  I  addressed  myself  to  the  Chair,  Mr.  Chairman. 

The  Chairman.  I  want  to  extend  every  courtesy  and  every  right. 

Mr.  Golder.  You  usually  do,  Senator.  I  do  not  think  you  understood  me. 

The  Chairman.  The  next  question  that  was  asked  you  was  as  follows  [con¬ 
tinuing  reading]: 

“The  Chairman.  Where  were  you  keeping  this  $25,000  before  you  gave  it  to 
Mr.  Watson? 

“  Mr.  Cunningham.  That  is  another  personal  question,  Senator.  I  refuse  to 
answer  it.” 

I  now  ask  you  the  same  question,  that  is,  where  were  you  keeping  this  $25,000 
before  you  gave  it  to  Mr.  Watson? 

Mr.  Cunningham.  I  refuse  to  answer. 

The  Chairman.  Again  I  instruct  you,  on  behalf  of  the  committee,  to  answer. 

Mr.  Cunningham.  I  refuse  to  answer. 

The  Chairman.  Very  well.  You  were  asked  a  number  of  questions,  which  I 
will  read  for  the  context  [continuing  reading]: 

“The  Chairman.  Did  you  give  this  money  to  Mr.  Watson  in  cash  or  by 
check? 

“  Mr.  Cunningham.  I  gave  it  to  him  as  cash. 

“The  Chairman.  Where  were  you  when  you  gave  it  to  him? 

“Mr.  Cunningham.  I  took  it  down  to  his  headquarters  at  the  Walton  Hotel 
on  the  10th  day  of  April. 

“Mr.  Chairman.  Did  you  have  it  in  your  pocket  when  you  gave  it  to  him — 
before  you  gave  it  to  him? 

“Mr.  Cunningham.  Yes,  sir. 

“The  Chairman.  Where  did  you  get  it  from  to  put  in  your  pocket? 

“Mr.  Cunningham.  That  is  a  personal  question,  and  I  decline  to  answer  it.” 

I  now  ask  you  again,  where  did  you  get  it?  That  is,  where  did  you  get  this 
money  from  to  put  in  your  pocket? 

Mr.  Cunningham.  I  refuse  to  answer. 

The  Chairman.  And  I  direct  you,  on  behalf  of  the  committee,  to  answer. 

Mr.  Cunningham.  I  refuse  to  answer. 


SENATORIAL  CAMPAIGN  EXPENDITURES  11 

The  Chairman.  Very  well.  The  next  question  asked  you  was  [continuing 
reading]: 

“The  Chairman.  Mr.  Cunningham,  how  long  had  you  had  this  money  in  your 
possession? 

“  Mr.  Cunningham.  That  is  another  personal  question,  and  I  decline  to  answer 
it.  It  was  my  own  money,  and  I  do  not  think  I  should  tell  the  public  where 
I  kept  it  and  how  I  got  it,  or  anything  else  about  it.” 

I  now  ask  you,  how  long  had  you  had  this  money  in  your  possession? 

Mr.  Cunningham.  I  refuse  to  answer. 

The  Chairman.  Again  I  instruct  you  to  answer. 

Mr.  Cunningham.  I  refuse  to  answer. 

The  Chairman.  You  were  then  asked  questions  touching  your  salary,  and 
after  that,  this  question  [reading]: 

“The  Chairman.  Was  this  money  which  you  refer  to  as  the  $25,000  that  you 
gave  to  Watson,  savings  from  your  salary? 

“Mr.  Cunningham.  That  is  another  personal  question.  I  can  not  answer 
that.” 

I  now  ask  you  again,  was  this  $25,000  which  you  refer  to  as  the  $25,000  that 
you  gave  to  Watson,  savings  from  your  salary? 

Mr.  Cunninghem.  I  refuse  to  answer. 

The  Chairman.  And  I  instruct  you,  on  behalf  of  the  committee,  to  answer. 

Mr.  Cunningham.  I  refuse  to  answer. 

The  Chairman.  Now,  Mr.  Cunningham,  you  recall  the  testimony  you  gave 
before,  I  take  it,  fairly  well? 

Mr.  Cunningham.  I  think  I  do,  Senator. 

The  Chairman.  We  have  called  you  here  for  the  purpose  of  giving  you  an 
opportunity  to  purge  yourself  of  what  was  regarded  as  contempt  of  the  com¬ 
mittee  and  of  the  Senate.  Do  you  still  stand  upon  your  refusal  to  answer  the 
questions  which  were  asked  you  on  the  previous  hearing? 

Mr.  Cunningham.  I  do,  sir. 

The  Chairman.  You  have  nothing  to  say  further  as  to  your  reasons  for  refus¬ 
ing  to  answer  than  you  stated  before? 

Mr.  Cunningham.  I  have  not. 

The  Chairman.  Mr.  Cunningham,  I  think  you  will  have  to  agree  that  at  least 
the  committee  has  given  you  every  opportunity  to  make  an  explanation.  If 
you  do  not  desire  to  make  it,  of  course,  you  have  the  right. 

Mr.  Cunningham.  The  only  thing  I  was  interested  in,  as  I  told  you  before, 
Senator,  was  Beidleman,  and  not  any  other  project.  If  he  had  not  been  on  the 
ticket  I  would  not  have  given  it. 

The  Chairman.  Do  you  know  whether  it  was  reported  in  Mr.  Beidleman’s 
campaign  expenses? 

Mr.  Cunningham.  I  really  do  not  know  that.  I  instructed  Mr.  Watson 
what  my  thought  was  about  it,  because  he  had  been  a  friend  of  mine  for  forty- 
odd  years,  and  that  was  my  only  interest  in  it. 

The  Chairman.  You  are  excused  from  further  attendance  on  the  committee, 
sir. 

That  on  the  22d  day  of  December,  1926,  your  committee  submitted 
a  partial  report,  being  Report  1197,  Part  2;  and  on  pages  22  to  29, 
inclusive,  will  be  found  the  testimony  given  by  said  Cunningham  on 
the  said  29th  day  of  July,  1926;  that  by  said  report  the  attention  of 
the  Senate  was  directed  to  the  refusal  of  said  Cunningham  to  answer 
various  questions  propounded  by  said  committee;  that  on  the  12th 
day  of  February,  1927,  another  partial  report  was  submitted  by  your 
committee,  being  Report  1197,  Part  4,  which  sets  forth  the  proceedings 
before  your  committee  on  the  29th  day  of  July,  1926,  in  so  far  as  it 
relates  to  the  testimony  of  the  said  Cunningham;  that  said  report 
contains  the  following  statement  with  reference  to  said  Cunningham : 

Thomas  W.  Cunningham  appeared  before  your  committee  in  Chicago,  Ill.,  on 
July  29,  1926,  having  been  previously  sworn. 

The  testimony  of  the  witness  Cunningham  speaks  for  itself.  Every  oppor¬ 
tunity  was  given  the  witness  Cunningham  to  testify,  and,  as  his  testimony  fully 
discloses,  he  steadfastly  and  obdurately  refused  to  give  your  committee  any 
information. 


12 


SENATORIAL  CAMPAIGN  EXPENDITURES 


Your  committee  therefore  reports  the  conduct  of  Thomas  W.  Cunningham 
to  the  Senate.  *  *  * 

Wherefore,  your  committee  reports  the  facts  as  aforesaid  to  the  Senate  for  such 
further  action  as  the  Senate  may  deem  meet  and  proper. 

That  on  the  28th  day  of  February,  1927,  your  committee  submitted 
a  further  partial  report,  being  Report  1197,  Part  5,  which  deals 
among  other  things  with  the  conduct  of  the  said  Thomas  W.  Cun¬ 
ningham  in  refusing  to  answer  questions  propounded  by  your  com¬ 
mittee  as  hereinbefore  set  forth.  That  part  of  the  report  dealing 
with  the  said  Thomas  W.  Cunningham  is  found  on  pages  43,  44,  45, 
and  46. 

Your  committee  in  said  last-named  report  made  the  following 
statement  and  recommendation  concerning  said  Thomas  W.  Cun¬ 
ningham,  as  shown  by  said  report  on  page  53 : 

The  witness,  Cunningham,  refused  to  amplify  his  testimony  in  any  particular, 
stood  on  his  previous  refusals  to  answer  the  interrogatories  propounded  to  him, 
and  defied  the  jurisdiction  of  your  committee. 

Your  committee  therefore  reports  the  defiant  and  contumacious  conduct  of 
the  said  witness,  Thomas  W.  Cunningham,  and  recommends  that  he  be  adjudged 
in  contempt  of  your  committee  and  of  the  Senate  of  the  United  States. 

That  said  last-named  report  was  submitted  to  the  Senate  in  the 
closing  hours  of  its  session  and  at  a  time  and  under  conditions  which 
prevented  its  consideration  by  the  Senate,  as  a  result  of  which  no 
action  was  taken  upon  the  recommendation  made  by  your  committee. 
Your  committee  herewith  submits  its  final  report  in  so  far  as  said 
witness,  Thomas  W.  Cunningham,  is  concerned  and  calls  the  atten¬ 
tion  of  the  Senate  to  the  defiant  and  contumacious  conduct  of  said 
witness,  Thomas  W.  Cunningham,  and  renews  the  recommendation 
made  in  its  report  of  February  28,  1927,  that  the  said  Thomas  W. 
Cunningham  be  adjudged  in  contempt  of  your  committee  and  of  the 
Senate  of  the  United  States. 

All  of  the  acts  of  your  committee  and  all  of  the  testimony  byTit 
taken  and  all  of  the  reports  submitted  by  your  committee  are  dis¬ 
closed  by  printed  records  of  the  hearings  and  are  hereby  referred  to 
and  made  a  part  of  this  report  as  fully  as  those  set  forth  herein. 
Said  records  and  reports  disclose  all  questions  which  were  propounded 
to  said  witness,  Thomas  W.  Cunningham,  together  with  his  replies 
thereto  and  all  proceedings  had  in  connection  with  said  Thomas  W. 
Cunningham. 


o 


